Rutland House Associates v. Danoff

Order, Supreme Court, New York County, entered on May 24, 1971, denying defendant’s motion for summary judgment dismissing the complaint herein as time barred, unanimously reversed, on the law, without costs and without disbursements, the motion granted and the complaint dismissed. The fraud which forms the basis for the plaintiff’s- action, occurred in August, 1964, and this action was not commenced until December 28, 1970. The record discloses that plaintiff had knowledge of all of the operative facts concerning its claim of fraud since some time in 1965, when Fifth Avenue Associates…